Legal Opinion

In re New York Central & Hudson River Railroad

New York Supreme Court

Decided December 30, 1889Published

Appeal from Monroe county court. This proceeding was instituted for the purpose of draining certain farming lands. An order was entered dismissing the appeal of the New York Oen- , tral & Hudson River Railroad Company from the assessment made by the commissioners in the above-entitled proceedings, and from the judgmént in favor of said commissioners, and against said company, entered in Monroe county clerk’s office on the 20th day of August, 1889. The order appealed from is…

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Appeal from Monroe county court. This proceeding was instituted for the purpose of draining certain farming lands. An order was entered dismissing the appeal of the New York Oen- , tral & Hudson River Railroad Company from the assessment made by the commissioners in the above-entitled proceedings, and from the judgmént in favor of said commissioners, and against said company, entered in Monroe county clerk’s office on the 20th day of August, 1889. The order appealed from is as follows: “It is ordered, adjudged, and decreed that the appeal herein be dismissed, and that said commissioners…

1Opinion of the CourtMacomber, J.

The appellant was assessed the sum of $350 by the commissioners, who were appointed for the purpose of making an assessment of expenses for improving a certain ditch in the.town of Gates. The proceeding was instituted for the purpose of draining certain farming lands under the general drainage act (chapter 888, Laws 1869) and the amendments thereto. By this act, after providing for making the assessment for the cost of the work, upon persons whom the commissioners shall deem to be directly benefited by the drainage, in proportion to the amount of benefit which each receives therefrom, there…

2Cases cited4 opinions

  1. Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
  2. People Ex Rel. Parker v. . Jef. Co. CourtNew York Court of Appeals · 1874
  3. Lyon v. City of BrooklynNew York Supreme Court · 1858
  4. Matter of Petition of SwanNew York Court of Appeals · 1884

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